23 Years For Firing At Cop

Shots Ripped Clothes Of Beach Officer

VIRGINIA BEACH — Police officer K.S. Rowland didn't realize how fortunate he was the night of Feb. 28, 1997, until his wife asked for money the next day.

Rowland pulled a wallet from his hip pocket and found the leather torn and several credit cards cracked.

He suddenly realized his wallet may have saved his life.

The night before, during a call to an oceanfront motel, Rowland and another officer, J.E. Marafka, had wrestled with a suspect before placing him under arrest. During the struggle, the suspect, Gary Glenn Roberts, grabbed Marafka's service handgun from his holster and fired two rounds before the officers subdued him.

One bullet apparently ricocheted off Rowland's wallet, tearing it and breaking the credit cards inside. The other bullet narrowly missed Marafka. The front pocket on Marafka's lightweight jacket was pierced by a bullet.

On Monday, Roberts, 22, was sentenced to 23 years in prison for two counts of attempted capital murder and two firearms charges. Circuit Judge Frederick B. Lowe suspended another 23 years of the sentence.

Before ruling, Lowe told Roberts that if the bullets had been aimed in a slightly different direction, ``you could very well be before this court facing the death penalty.''

The bullet-grazed wallet wasn't the only unusual thing about Roberts' arrest.

When Rowland and Marafka arrived at the Arctic Breeze Cottages at 29th and Arctic Avenue to check out a report of illegal gunshots, they found Roberts and two others in a room where the gunshots were reported. The three were playing loud music in a room next to the office.

After interviewing the three people separately, the officers learned that Roberts had fired the gun. Marafka asked Roberts to go with him to the motel room to look for the handgun.

Marafka saw a shotgun leaning against the wall and asked Roberts to lift the bed mattress. He saw a large white albino snake lying next to a black handgun, Marafka testified in court last year.

Marafka said other snakes were crawling on the floor and ``scattered about the apartment.'' Roberts later told authorities that he hunted and collected snakes as a hobby.

At about the same time, the two officers were notified by radio that Roberts was wanted on an outstanding warrant. They asked Roberts to step outside, then tried to handcuff him.

Roberts resisted and asked, ``What am I being arrested for?'' Marafka sprayed him with pepper gas, and the officers wrestled him to the ground on a grassy embankment. During the struggle, Roberts grabbed Marafka's handgun and fired it. According to Marafka's statement to police, Marafka grabbed the top of the gun and Roberts fired a second time.

Seconds later, Marafka recovered the gun from Roberts, but Roberts continued to resist until just before a police assist unit arrived.